By Chris DiMarco, From Legaltech News

Disconnect charges that their product was removed because it is better at detecting the use of Internet trackers than the competition.
With average citizens placing more stock in the protection of their personal information, many services have started providing better control over the unwanted collection of data. However, according to one application developer, search providers stand to lose considerable revenue from such tools and are taking aggressive steps to squash their distribution.
Disconnect Inc., which develops tools designed to facilitate private browsing and block malware, has filed a complaint against Google for banning the Android version of its Malvertising application from the Google Play Store. The company says that Google has a considerable interest in tracking the habits of its users, and that the application’s removal was done to prevent consumer awareness of that interest. They also claim that in doing this, Google is violating privacy rights on a “massive scale.”
The complaint, which was filed in a European Union court, alleges that by removing the application, Google violated Article 102 of the Treaty of the Functioning European Union. This article regulates anti-competitive business practices and monopolies, but it is likely that Disconnect’s selection of an EU venue is partially predicated on the Union’s attitudes towards violation of privacy.
In the filing, Disconnect said, “Google has abused its dominance in contravention of Article 102 TEUF, through various patterns of conduct, by among other actions, illegal tying, discontinuance of supply, and unjustified discrimination.”
According to the court documents, Google said it removed the application from the store because it violated terms of a developer agreement that prevents applications from interfering with “the devices, servers, networks, or other properties or services of any third party.” However, Disconnect argues that similar services, including alternatives offered by Google, have not been removed from the Play Store. The company said that their service was singled out because it provides better tracking information than its competitors, including details on Google’s data collection practices.
Google told The Interceptor, the publication which initially released the court filings, that the removal of the application was the result of developer agreement violations and says that the charges of anti-competitive behavior are baseless.
The company has asked that the EU Commission enjoin Google from preventing their products on the Google Play Store. Should they be successful in being reinstated in Europe, it is likely that Google would face pressure to return the application to all Play Store locales.
For more on this story go to: http://www.legaltechnews.com/id=1202730392419/Privacy-Software-Company-Sues-Google-for-Removal-from-Android-Market#ixzz3eAr1iVC4